Florida's anti-DEI law, Florida Chapter 2026-43
CHAPTER 2026-43
Committee Substitute for
Committee Substitute for Senate Bill No. 1134
An act relating to official actions of local governments; creating ss. 125.595
and 166.04971, F.S.; defining terms; prohibiting counties and munici-
palities, respectively, from funding or promoting or taking official action
as it relates to diversity, equity, and inclusion; providing that certain
ordinances, resolutions, rules, regulations, programs, and policies are
void; prohibiting counties and municipalities, respectively, from expend-
ingfundsfordiversity,equity,andinclusionofficesorfordiversity,equity,
and inclusion officers; providing that a county commissioner, a member of
the governing body of a municipality, or any other county or municipal
official acting in an official capacity who violates certain provisions
commits misfeasance or malfeasance in office; prohibiting counties and
municipalities, respectively, from providing or authorizing funds to be
used to promote diversity, equity, and inclusion initiatives; authorizing a
cause of action against counties and municipalities, respectively; author-
izing a court to enter a judgment awarding certain relief, damages, and
costs; providing construction and applicability; creating s. 287.139, F.S.;
requiringpotentialrecipients ofcountyormunicipal contractsorgrantsto
make a certain certification to the county or municipality before being
awarded such contract or grant; providing applicability; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 125.595, Florida Statutes, is created to read:
125.595 Prohibition of official actions of counties relating to diversity,
equity, and inclusion; penalty; remedy.—
(1) For purposes of this section, the term:
(a) “Acting in an official capacity” means performing or purporting to
perform a function, duty, or responsibility assigned by law, rule, or policy to
a public officer or public employee, or otherwise exercising or claiming to
exercise the authority of such office or employment.
(b) “Diversity, equity, and inclusion” means any effort to:
1. Manipulate or otherwise influence the composition of employees with
reference to race, color, sex, ethnicity, gender identity, or sexual orientation
other than to ensure that hiring is conducted in accordance with state and
federal antidiscrimination laws;
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2. Promote or provide preferential treatment or special benefits to a
person or group based on that person’s or group’s race, color, sex, ethnicity,
gender identity, or sexual orientation; or
3. Promote or adopt training, programming, or activities designed or
implemented with reference to race, color, sex, ethnicity, gender identity, or
sexual orientation.
The term does not include the use of equal opportunity or equal employment
opportunity materials designed to inform a person about the prohibition
against discrimination based on protected status under state or federal law.
(c) “Diversity, equity, and inclusion office” means any office, division,
department, agency, center, or other unit of a county which coordinates,
creates, develops, designs, implements, organizes, plans, or promotes
policies, programming, training, practices, meetings, activities, procedures,
or similar actions relating to diversity, equity, and inclusion.
(d) “Diversity,equity,and inclusionofficer” means aperson whois afull-
time or part-time employee of, or an independent contractor contracted by, a
county whose duties include coordinating, creating, developing, designing,
implementing, organizing, planning, or promoting policies, programming,
training, practices, meetings, activities, procedures, or similar actions
relating to diversity, equity, and inclusion.
(2) A county may not fund or promote, directly or indirectly, or take any
official action, including, but not limited to, the adoption or enforcement of
ordinances, resolutions, rules, regulations, programs, or policies, as it
relates to diversity, equity, and inclusion. Any such existing ordinances,
resolutions, rules, regulations, programs, or policies are void.
(3) Acountymaynotexpendanyfunds,regardlessofsource,toestablish,
sustain, support, or staff a diversity, equity, and inclusion office or to
employ, contract, or otherwise engage a person to serve as a diversity,
equity, and inclusion officer.
(4) office.
A county commissioner or other county official acting in an official
capacity who violates this section commits misfeasance or malfeasance in
(5) A county may not provide or authorize its funds to be used by
employees, contractors, volunteers, vendors, or agents to promote diversity,
equity, and inclusion initiatives.
(6) An action in circuit court may be brought by a resident of the county
against a county that violates this section. The court may enter a judgment
awarding declaratory and injunctive relief, damages, and costs.
(7)(a) This section does not prohibit any official action by a county
required for compliance with state or federal laws or regulations.
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(b) This section does not prohibit a county from doing any of the
following:
1. Recognizing or promoting holidays designated by federal law, includ-
ing those designated in 5 U.S.C. s. 6103.
2. Recognizing or promoting state holidays and special observances
designated by state law, including those designated in chapter 683.
3. Recognizing or promoting patriotic and national observances recog-
nized by federal law, including those designated in 36 U.S.C. ss. 101-148, or
recognizing the events and individuals forming the basis for such obser-
vances.
4. Promoting or supporting a nonprofit entity that provides single-sex
programs for the homeless or education, counseling, and rehabilitation of
trauma-involved or at-risk youth.
5. Recognizing or honoring the individuals and groups recognized and
honoredbythemonuments,memorials,andmuseumsauthorizedbychapter
265 or chapter 267, or recognizing the events and individuals forming the
basis for such monuments, memorials, or museums.
6. Owning, operating, maintaining, funding, or conducting events at
monuments and memorials listed in 54 U.S.C. s. 320301 and located in this
state.
7. Issuing event permits in a content-neutral manner and providing
public safety services.
(c) This section does not prohibit the use of equal opportunity or equal
employment opportunity materials designed to inform a person about the
prohibition against discrimination based on protected status under state or
federal law.
(d) This section may not be construed to conflict with:
1. Section 553.865 or analogous state and federal laws protecting the
right of males and females to restrooms and changing facilities correspond-
ing to their biological sex.
2. Part XII of chapter 39 or analogous state and federal laws ensuring
that victims of domestic violence and their dependents have access to
emergency shelters.
3. Section 1000.05 or analogous state and federal laws prohibiting
discrimination based on biological sex in educational programs, sports,
activities, and employment.
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4. Chapter 381 or analogous state and federal laws ensuring males and
females have access to public health services corresponding to their
biological sex.
5. State and federal laws ensuring access to public health care services
corresponding to a person’s race or ethnicity.
6. Any other state or federal laws recognizing the inherent biological
differences between males and females for the purpose of ensuring their
health, safety, and welfare.
(8) This section does not apply to:
(a) The actions of a body composed of nonelected volunteers; or
(b) Basic administrative support provided to a body composed of none-
lected volunteers, unless such administrative support is provided by a
county employee whose sole function is the provision of such administrative
support.
Section 2. Section 166.04971, Florida Statutes, is created to read:
166.04971 Prohibition of official actions of municipalities relating to
diversity, equity, and inclusion; penalty; remedy.—
(1) For purposes of this section, the term:
(a) “Acting in an official capacity” means performing or purporting to
perform a function, duty, or responsibility assigned by law, rule, or policy to
a public officer or public employee, or otherwise exercising or claiming to
exercise the authority of such office or employment.
(b) “Diversity, equity, and inclusion” means any effort to:
1. Manipulate or otherwise influence the composition of employees with
reference to race, color, sex, ethnicity, gender identity, or sexual orientation
other than to ensure that hiring is conducted in accordance with state and
federal antidiscrimination laws;
2. Promote or provide preferential treatment or special benefits to a
person or group based on that person’s or group’s race, color, sex, ethnicity,
gender identity, or sexual orientation; or
3. Promote or adopt training, programming, or activities designed or
implemented with reference to race, color, sex, ethnicity, gender identity, or
sexual orientation.
The term does not include the use of equal opportunity or equal employment
opportunity materials designed to inform a person about the prohibition
against discrimination based on protected status under state or federal law.
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(c) “Diversity, equity, and inclusion office” means any office, division,
department, agency, center, or other unit of a municipality which coordi-
nates, creates, develops, designs, implements, organizes, plans, or promotes
policies, programming, training, practices, meetings, activities, procedures,
or similar actions relating to diversity, equity, and inclusion.
(d) “Diversity, equity,andinclusion officer” meansa personwho isa full-
time or part-time employee of, or an independent contractor contracted by, a
municipality whose duties include coordinating, creating, developing,
designing, implementing, organizing, planning, or promoting policies,
programming, training, practices, meetings, activities, procedures, or
similar actions relating to diversity, equity, and inclusion.
(2) A municipality may not fund or promote, directly or indirectly, or
take any official action, including, but not limited to, the adoption or
enforcement of ordinances, resolutions, rules, regulations, programs, or
policies, as it relates to diversity, equity, and inclusion. Any such existing
ordinances, resolutions, rules, regulations, programs, or policies are void.
(3) A municipality may not expend any funds, regardless of source, to
establish,sustain,support,orstaffadiversity, equity,andinclusionoffice or
to employ, contract, or otherwise engage a person to serve as a diversity,
equity, and inclusion officer.
(4) Any member of the governing body of a municipality or other
municipal official acting in an official capacity who violates this section
commits misfeasance or malfeasance in office.
(5) A municipality may not provide or authorize its funds to be used by
employees, contractors, volunteers, vendors, or agents to promote diversity,
equity, and inclusion initiatives.
(6) An action in circuit court may be brought by a resident of the
municipalityagainstamunicipalitythatviolatesthissection.Thecourtmay
enter a judgment awarding declaratory and injunctive relief, damages, and
costs.
(7)(a) This section does not prohibit any official action by the governing
body of a municipality required for compliance with state or federal laws or
regulations.
(b) following:
This section does not prohibit a municipality from doing any of the
1. Recognizing or promoting holidays designated by federal law, includ-
ing those designated in 5 U.S.C. s. 6103.
2. Recognizing or promoting state holidays and special observances
designated by state law, including those designated in chapter 683.
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3. Recognizing or promoting patriotic and national observances recog-
nized by federal law, including those designated in 36 U.S.C. ss. 101-148, or
recognizing the events and individuals forming the basis for such obser-
vances.
4. Promoting or supporting a nonprofit entity that provides single-sex
programs for the homeless or education, counseling, and rehabilitation of
trauma-involved or at-risk youth.
5. Recognizing or honoring the individuals and groups recognized and
honoredbythemonuments,memorials,andmuseumsauthorizedbychapter
265 or chapter 267 or recognizing the events and individuals forming the
basis for such monuments, memorials, or museums.
6. Owning, operating, maintaining, funding, or conducting events at
monuments and memorials listed in 54 U.S.C. s. 320301 and located in this
state.
7. Issuing event permits in a content-neutral manner and providing
public safety services.
(c) This section does not prohibit the use of equal opportunity or equal
employment opportunity materials designed to inform a person about the
prohibition against discrimination based on protected status under state or
federal law.
(d) This section may not be construed to conflict with:
1. Section 553.865 or analogous state and federal laws protecting the
right of males and females to restrooms and changing facilities correspond-
ing to their biological sex.
2. Part XII of chapter 39 or analogous state and federal laws ensuring
that victims of domestic violence and their dependents have access to
emergency shelters.
3. Section 1000.05 or analogous state and federal laws prohibiting
discrimination based on biological sex in educational programs, sports,
activities, and employment.
4. Chapter 381 or analogous state and federal laws ensuring males and
females have access to public health services corresponding to their
biological sex.
5. State and federal laws ensuring access to public health care services
corresponding to a person’s race or ethnicity.
6. Any other state or federal laws recognizing the inherent biological
differences between males and females for the purpose of ensuring their
health, safety, and welfare.
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(8) This section does not apply to:
(a) The actions of a body composed of nonelected volunteers; or
(b) Basic administrative support provided to a body composed of none-
lected volunteers, unless such administrative support is provided by a
municipal employee whose sole function is the provision of such adminis-
trative support.
Section 3. Section 287.139, Florida Statutes, is created to read:
287.139 Prohibition against using diversity, equity, and inclusion
material.—A potential recipient of a county or municipal contract or
grant shall certify to the county or municipality, as applicable, before
being awarded such contract or grant that the potential recipient does not
and will not use county or municipal funds in requiring its employees,
contractors, volunteers, vendors, or agents to ascribe to, study, or be
instructed using materials relating to diversity, equity, and inclusion as
defined in ss. 125.595(1) and 166.04971(1).
Section 4. Section 287.139, Florida Statutes, created by this act applies
toanycontractbetweenacountyormunicipalityandadiversity,equity,and
inclusion officer which is in existence on January 1, 2027. With respect to all
other contracts, s. 287.139, Florida Statutes, created by this act applies to
contracts executed or renewed after January 1, 2027.
Section 5. This act shall take effect January 1, 2027.
Approved by the Governor April 22, 2026.
Filed in Office Secretary of State April 22, 2026.
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CS/CS/SB 1134: Official Actions of Local Governments
GENERAL BILL by Rules; Judiciary; Yarborough
Official Actions of Local Governments; Prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion; providing that certain ordinances, resolutions, rules, regulations, programs, and policies are void; providing that a county commissioner, a member of the governing body of a municipality, or any other county or municipal official acting in an official capacity who violates certain provisions commits misfeasance or malfeasance in office, etc.
- Community Affairs (CA)
- Judiciary (JU)
- Rules (RC)
Bill History
| DATE | CHAMBER | ACTION |
|---|---|---|
| 1/5/2026 | Senate | • Filed |
| 1/12/2026 | Senate | • Referred to Community Affairs; Judiciary; Rules |
| 1/13/2026 | Senate | • Introduced |
| 1/29/2026 | Senate | • On Committee agenda-- Community Affairs, 02/03/26, 3:30 pm, 37 Senate Building |
| 2/3/2026 | Senate | • Favorable by Community Affairs; YEAS 6 NAYS 2 |
| 2/4/2026 | Senate | • Now in Judiciary |
| 2/5/2026 | Senate | • On Committee agenda-- Judiciary, 02/10/26, 12:00 pm, 110 Senate Building |
| 2/10/2026 | Senate | • CS by Judiciary; YEAS 8 NAYS 3 |
| 2/11/2026 | Senate | • Pending reference review under Rule 4.7(2) - (Committee Substitute) |
| 2/12/2026 | Senate | • Now in Rules • On Committee agenda-- Rules, 02/17/26, 12:00 pm, 412 Knott Building |
| 2/17/2026 | Senate | • CS/CS by- Rules; YEAS 19 NAYS 5 |
| 2/18/2026 | Senate | • Pending reference review -under Rule 4.7(2) - (Committee Substitute) • CS by Judiciary read 1st time |
| 2/19/2026 | Senate | • Placed on Calendar, on 2nd reading • CS/CS by Rules read 1st time |
| 3/2/2026 | Senate | • Placed on Special Order Calendar, 03/04/26 |
| 3/4/2026 | Senate | • Read 2nd time -SJ 528 • Amendment(s) failed (255382, 334094, 366604, 726506, 893150) -SJ 528 • Amendment(s) adopted (648678) -SJ 532 • Read 3rd time -SJ 565 • CS passed as amended; YEAS 25 NAYS 11 -SJ 565 |
| 3/5/2026 | House | • In Messages |
| 3/9/2026 | House | • Bill referred to House Calendar • Bill added to Special Order Calendar (3/10/2026) • 1st Reading (Engrossed 1) |
| 3/10/2026 | House | • Read 2nd time • Amendment 658395 Failed • Amendment 904629 Failed • Amendment 374053 Failed • Amendment 096095 Failed • Amendment 478591 Failed • Amendment 596941 Failed • Amendment 267745 Failed • Amendment 456741 Failed • Amendment 923231 Failed • Amendment 122487 Failed • Added to Third Reading Calendar • Read 3rd time • CS passed; YEAS 77, NAYS 37 |
| 3/17/2026 | Senate | • Ordered enrolled |
| 4/21/2026 | • Signed by Officers and presented to Governor | |
| 4/22/2026 | • Approved by Governor | |
| 4/23/2026 | • Chapter No. 2026-43 |
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